New York Laws
Title A - Examinations and Eligible Lists
51 - Filling Vacancies by Open Competitive Examination.

§ 51. Filling vacancies by open competitive examination. 1. Upon the
written request of the appointing officer stating his reasons therefor,
or on its own initiative, the state civil service department or
appropriate municipal commission may determine to conduct an open
competitive examination for filling a vacancy or vacancies instead of a
promotion examination.

2. Except where the state civil service department or appropriate
municipal commission finds that there are less than three persons
eligible for promotion in the promotion unit where the vacancy exists,
or in the department, if such vacancy is not in a separate promotion
unit, and except where the department or municipal commission determines
to conduct an open competitive and a promotion examination
simultaneously, a notice of intention to conduct such open competitive
examination or a copy of the appointing officer's request for open
competitive examination, as the case may be, shall be publicly and
conspicuously posted in the offices of both the appointing officer and
the state civil service department or appropriate municipal commission
and such request shall not be acted upon until said notice has been
posted as aforesaid for a period of not less than fifteen days.

3. Any employee who believes that a promotion examination should be
held for filling such vacancy may submit to the state civil service
department or appropriate municipal commission his request, in writing,
for a promotion examination rather than an open competitive examination,
stating the reasons why he believes it to be practicable and in the
public interest to fill the vacancy by promotion examination.

Structure New York Laws